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HomeMy WebLinkAbout2010/03/10 CCM - WS1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS MARCH 10, 2010 CALL TO ORDER Pursuant to due call and notice thereof a regular work session of the City Council was held on March 10, 2010 at 6:33 p.m. in the Council Chambers at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Bills and Shoe Corrigan attending. Council Members Weisensel and DeBettignies were absent. Staff members present included Chief of Police Kalstabakken, City Administrator Johnson, City Clerk Domeier, Community Development Director Lindquist and Finance Director May. DISCUSSION 2.A. City Code 3 -1 -12 Outdoor Patio and Deck Use Conditions Liquor License Establishments Chief of Police Kalstabakken provided background on the issue and summarized the information within the staff report. He requested direction on moving forward with the upcoming next patio season. Staff believes that music is not the issue but that customers and employees leaving the sites at dosing time are a bigger issue. Mr. Kalstabakken questioned if the City Council would consider allowing music on patios and if so with specific limitations such as those hours approved with the initial patio. He added that the change would only allow for background music and not for bands or other entertainment on patios. Discussion was held regarding the proximity of local establishments from housing and apartment buildings. The City Council agreed that music on the patio should be allowed but only for the hours the patio is allowed to be used. Staff will amend the liquor ordinance for City Council consideration. Mr. Kalstabakken will also contact local business owners and apartment owners about the change to the liquor ordinance. Z.B. Liquor Regulations Penalty Matrix Chief of Police Kalstabakken provided background on issues at the local liquor establishments noting that the City has a standard it does apply and uses past practices as a basis for liquor violations. He stated there is no standardized matrix and that some cities have matrixes or best practices programs. He provided information about the recent penalty matrix adopted in Lakeville. Mr. Kalstabakken added that the City continues to look back at past violations when determining penalties and even if a matrix were in place liquor establishments would still want to appeal any decision or penalty. He reviewed the proposed matrix for Rosemount stating that the look back period will be changed based upon the number of violations. He also summarized City Attorney LeFevere's comments on penalty matrixes. Discussion was held regarding the local liquor establishment's training programs, point -of -sale software, insurance, best practices and management. Mr. Kalstabakken provided information from a survey conducted by City Clerk Domeier related to the training. He stated that every business is doing employee training in fact some businesses are doing it as a joint effort so would it not be necessary for the City to provide training. City Administrator Johnson commented that the City shouldn't give incentives for things that a business should be doing already. Mr. Kalstabakken stated that staff could facilitate training once a year but that he wasn't supportive of a best practices program. Discussion ensued regarding the different types of liquor violations and the look back periods. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS MARCH 10, 2010 that staff could facilitate training once a year but that he wasn't supportive of a best practices program. Discussion ensued regarding the different types of liquor violations and the look back periods. The City Council concurred that adopting the penalty matrix was not prudent at this time. Staff was directed to meet with the businesses and have discussion on the violations, penalties, training and music on the patios. The meeting will be held in April or May and the City Council will also be invited. 2.C. Request for special assessment financing for public improvements City Administrator Johnson stated staff was approached by Arcon Development who was interested in developing additional lots. Mr. Johnson provided a summary of the of the staff report. He explained how the special assessment financing would work and that staff would require a letter of credit for the project. Finance Director May provided history on previous projects where the City has issued debt for projects. He added that at that time the City did not want developers to do it privately because the City wanted to control the quality of the infrastructure. Years back when the City did not have a system in place and the growth came more steadily the City stopped using that type of financing. Mr. May added that this was probably the kind of debt that would least affect the City's credit rating and that the odds of having to levy a tax were minimal. Council Member Shoe Corrigan expressed concerns about the number of lots available in Rosemount. She did not want other developers to move to other communities because of that issue. Mr. Johnson provided more information about the inventory of lots in Rosemount. Mayor Droste questioned if the project moved forward would Connemara be extended. Mr. Johnson replied that staff was looking at what it could do to extend Connemara. He added that he was reviewing MSA funds over the next 10 years and believed that it could be extended but would be a big commitment. Community Development Director Lindquist added that this type of funding was common in other cities she worked in over the years. Mr. May added that the payback depends upon the flow of the sale of lots. Mr. May added while there is some risk to the City it would have the guarantee that it could draw upon the letter of credit. He added that Arcon would like a stipulation to pre -pay or pay off the debt early. Further discussion was held regarding the timeline of approvals including that the developer was hoping to have housing models up this fall or next spring. Further discussion was held on the extension of Connemara Trail including the timing with the bidding process and the past two years of bids showing a decrease in costs. The City Council supported the idea of extending Connemara Trail. Mr. Johnson stated that the developer needs to make a formal request and petition for the project. Ms. Lindquist added that the process will coincide with the course of the plat review. Future discussion will be held regarding the extension of Connemara Trail. UNSCHEDULED ITEM Jeff Giacomini Jeff Giacomini stated that he requested to change his property to a different zoning in order to sell his property. Mr. Giacomini stated that interested parties have been contacting City staff for over a year and have been told that staff would not support the change in zoning. He wants his home to 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS MARCH 10, 2010 Jeff Giacomini stated that he requested to change his property to a different zoning in order to sell his property. Mr. Giacomini stated that interested parties have been contacting City staff for over a year and have been told that staff would not support the change in zoning. He wants his home to be a group home. Community Development Director Lindquist stated that state law and City ordinance are the same in that a group home of more than six is not a permitted use. She added that the City would not allow any larger group homes in the rural residential area because of traffic and the type of use. She noted that the only method would be to modify the ordinance to allow that type of a facility in the rural residential zoning district and require a conditional use permit. She added that staff has stated it would not support group homes because they do not believe that a group home was the use intended for in the rural residential district. Mr. Giacomini stated his biggest concern goes back to when he built the house and was told the City didn't have any standards and followed state statutes. Ms. Lindquist stated she disagreed as City staff received numerous calls from residents about the group home. At that time, staff told Mr. Giacomini that the house could not be used as a group home. Council Member Shoe Corrigan questioned what types of group homes are allowed. Ms. Lindquist explained that group homes are allowed by a regulated use of 6 or less people. She added that the home must be a licensed group home. Mr. Giacomini provided more information about his home including the design and future options. He added that over 20 prospects went through his home but were told by the City that they did not support the use. Mayor Droste stated that the City just went through the comprehensive guide plan and if they wanted new restrictions on rural residential it would've been discussed at that time. Mr. Giacomini stated it was not a land use issue and that other cities allow churches by using a CUP. Council Member Shoe Corrigan stated it was a land use issue and that by allowing a CUP it would open up the opportunity for a huge district. She added that when the home was constructed she received calls questioning if it was a group home. Mayor Droste did not favor spot zoning and was concerned about opening it up to the entire zoning district. Ms. Lindquist explained that a zoning text amendment and CUP would be required. She added that Mr. Giacomini would need to apply and go through the process. 2.D. Industrial Development Update Community Development Director Lindquist summarized the background information what was provided in the staff report. Staff was approached two weeks ago by LS Power Plant. Mayor Droste provided background information on power plant tax exemptions. When LS Power approached the City last time the City already had a resolution supporting Great River Energy. Subsequently, Great River Energy decided not to move forward. Mayor Droste questioned discussing the initiative with the other potential development on the east side and locating a power plant across from Flint Hills. Council Member Shoe Corrigan expressed concerns about the tax exemptions. Discussion was held regarding the proposed plan and the amount of land in the area controlled by Flint Hills. The City Council liked the proposed site better than the Great River Energy site. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS MARCH 10, 2010 Council Member Shoe Corrigan expressed concerns about the tax exemptions. Discussion was held regarding the proposed plan and the amount of land in the area controlled by Flint Hills. The City Council liked the proposed site better than the Great River Energy site. Further discussion was held regarding entertaining any legislation this year. Ms. Lindquist noted that from a timing standpoint it would be hard to attain legislation this year. She suggested working together this summer discussing the plans with LS Power since there was no value in rushing through the project. Ms. Lindquist will find out more information about the Great River Energy resolution previously passed and schedule future discussion on the matter. 2.E. Fund Balance Transfer /Encumbrance Finance Director May summarized the information provided within the staff report. Council Member Shoe Corrigan talked about amenities in Rosemount and suggested having some funds moved to allow for future public amenities. City Administrator Johnson commented that when the times get better the best way to generate funds would be through the use of the SKB funds. Mr. May talked about the options for financing a public amenity. UPDATES 3.A. Updates by City Council /Staff City Administrator Johnsons stated that a special work session would be held on Tuesday, February 16 immediately following the regular meeting. The agenda topics included the 2011 budget preparation, the art feature at the library, and discussion about the former St. Joseph's Church campus. City Administrator Johnsons stated that interviews were held for the Fire Chief position. He planned to recommend appointment of Scott Aker at the February 16 City Council meeting. City Administrator Johnson provided an update on the addition of soccer lights at DCTC. He noted that Director of Parks and Recreation Schultz and DCTC feel there is merit to add the lights. Mr. Johnson questioned if the City Council would consider an amendment to the agreement to allow phase 1 improvements and to withdraw money from the account for the lights. The City Council favored the addition of lights before any houses would be constructed in the area. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Bills, the meeting was adjourned at 9:28 p.m. Respectfully Submitted, Amy Domeier, City Clerk